Legal Question in Family Law in Texas

Texas divorce. 2 children with joint conservatorship. Mother is possessory conservator. Standard possession schedule (alternate weekends, thursday 2 hours and alternate vacations). She has never participated and refuses to participate in discussion or dialog to resolve disagreements and is making decisions about everything herself. It's been 3 years and we have not had a single conversation regarding issues, education, health or future of the children. Has refused mediation and ignores requests for this. There is no clause or penalty in agreement to remedy this except going to court. She got majority of the family's assets that I declared and did not declare her income or assets during divorce (she works from home and hid her income and savings throughout 20 years of marriage). Is refusing responsibility for their education and expects me to pay for it. Selectively interprets court orders and imposes her will on the children and has been turning them against me by playing victim and claiming I am abandoning them. Children are angry and frustrated (teenage boys) and wish to come live with me. Older son is constant having nasty fights with her. I am the only one with full time employment. I am thinking of going to court to seek reversal of possession and filing for her disclosing her assets. I have been able to mostly keep to the possession schedule, except the thursdays which is inconvenient because she has signed one son up for an activity during that time despite my protest. I know she will fight this, because if she looses child support, she will not be able to maintain her lifestyle and home on her own income. What are my chances of reversing possession successfully in court? I live 2 miles from their current residence. Can they just come of their free will to come live with me prior to filing with court?


Asked on 1/23/13, 10:26 am

1 Answer from Attorneys

Alex Hernandez Law Offices of Alex R. Hernandez Jr. PLLC

How old are they? Call my Austin office 512-720-2266. Once they are old enough they can usually make up their own mind especially if the environment they are in is not in the best interest.

Alex Hernandez Jr.

www.southtexasfamilylawyer.com

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Answered on 1/26/13, 6:07 am


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